RTE and Debtors. The Surpeme Court award (against B. Flynn)

by Spranino Wed May 30, 2007 20:49

But maybe there are ways in which they are similar

by voter Thu May 31, 2007 01:30

Why do RTE not seek their aware of €1.5 million?

Answer = RTE are a semi-state body controlled by government.

Who are government = none other then bevs pals Fianna Fail

This should as a matter of national interest, be follow up, and highlighted by the main stream media. Especially since she could influence the 30th Dail and its direction as an independent TD.

Corruption it seems is OK in the pre-celtic-tiger/ celtic tiger/ and post celtic-tiger era. The example we are giving to our children, the future celtic tigers is Money=Right.

I pity them.

by Michelle Clarke - Social Justice and Ethics Thu May 31, 2007 17:24

Tribunals were hailed in that they would seek out corruption and put in its place Accountability, Transparency and Equity.

10 years later and just after the recent Election, we ought to be ashamed that corruption is still so apparent and that the trawling through tribunals, at enormous cost to the State, has not provided the results so that we at least have an unblemished Government in power.......

Quotation from the Fantasy of Human Rights

Benjamin Franklin
'God grant that not only he love liberty, but a thorough knowledge of the Rights of man, may pervade all the nations of the earth, so that a philosopher may set his foot anywhere on its surface and say 'This is my Country'

or

George Orwell (1903-50) British Novelist, essayist and social commentator
Truth Telling
'During times of universal deceit, telling the truth becomes a revolutionary act'.

Ms. Flynn has had a supreme court decision - surely this is enough for RTE to act upon (as is their duty to the people of Ireland). The debt stands on their Balance Sheet. There is not reason that it should not be repaid.

by pat c Thu May 31, 2007 17:40

RTE have acted. Last Thursday (Polling Day!), a lawyer for RTE applied to the High Court to have BCF declared bankrupt.

This was reported in the media. Martyn Turner even had a cartoon about it in the Irish Times.

by Kevin T. Walsh - Social Justice and Ethics Thu May 31, 2007 18:56

Thank you for the Image on Revelations and the comments .

RTE is a semi-state body, I agree with you, and is governed by the Powers of State.

I also agree with PC's comments to Michelle.

Michelle writes on Ethics, Accountabililty and Transparency but with respect Michelle, if there is life out there on another planet, they may have these values, but in Ireland we sure do not have same.

Now let's break this down for the ordinary man out there tonight and use simple words.

Some years ago, the Revenue Commisioners operated a Search and Find in relation to offshore accounts. If my memory is correct, the Revenue netted in some Euros 500 m. from people in Ireland who avoided taxes over a number of years. The outcome is that we read in the newspapers now, every few months, of those named and shamed who avoided tax. One I recall vividly - I bought a car from them - Rathdown Motors, in Terenure - a snooty lot, I thought, but they paid back over Euros 4.5 million, arrears and a penalty.

The Revenue caught in the cage of deceit and deception - doctors, dentists, company directors, publicans, farmers, down the scale to local tradesmen - people from across the broadband of Irish society. These people were dealt with by the full rigours of Irish Law, with no exceptions and no mercy.

Well (Wrong)....Beverley Flynn was brought to court (Supreme Court), she was also featured in a Prime Time Special where farmers across Ireland gave their stories on how she advised them in relation to off shore accounts i.e. Tax Evasion. Bertie threw her out of the Party and she lost the Party Whip. Miss Flynn with her Father's genetic make-up of arrogance and foolishness takes on to sue RTE and Charlie Bird. She lost her case in the High Court and then in the Supreme Court. So two years in the wilderness is her penance paid back to Bertie!!! but morally not to the Irish people. She still stands with a debt to be paid and cleared to RTE.

I took the afternoon off today and I sat in the Dublin District Court to see how the real world is. 3 people faced the court for unpaid TV licences. 1 elderly man sticks in my mind - he just told the judge he could not afford the licence. The Judge was kind and gave him the probation action but he warned him that he has two months to pay.

I ask how long has Miss Flynn got to pay the Euros 1.5 m (never or when). I question the law tonight and I am asking the Constitution to answer me. The Constitution is written in Irish Blood and is not to be disrespected by Greed and Deception.

Miss Flynn is possibly going to form a Government - could we all tonight take a reality check on morals, humanity and above all Justice and Equality for all Irish people. I will close by saying, it is terribly wrong.

Just one more question tonight, how come not one person in the history of the State was ever found guilty of corruption in relation to land rezoning. Certain people have become multi-millionaires through Fianna Fail in this aspect. As one prominent solicitor said to Vincent Browne on his Tuesday night programme, everyone knows certain people in this country are up to their necks in corruption through councillors and certain land tranasactions.

You just need to tune in to the Mahon Tribunal. Where are the Gardai Siochana and the CAB in all of this? I ask is there really a Separation of Powers between the Judiciary the Government. Who are the organ grinders and who are the monkeys? Even my Jack Russell has a good idea !!!!

Kevin T. Walsh

Quotation
Blasphemy - George Bernard Shaw (1856-1950) Irish born playwright

'All great truths begin as blaphemies'

by Michelle Clarke - Social Justice and Ethics Mon Jun 04, 2007 20:21

Pat c

Hope the Long Weedend was good for you. I saw the Marathon runners out in the drizzle of rain and thought of the mass effort and commitment of people to collect for a variety of charities.

One Event was on the radio today and gave a brief outline of their involvement in the management of functions and/or fund raising. It is hoped that this Marathon Run will net some Euros 10 million for charities.

Pat c. - I saw little about this over the weekend when I glanced through the newspapers per your posting of May 31st 'RTE have acted. Last Thursday (Polling Day!), a lawyer for RTE applied to the High Court to have B. Flynn declared bankrupt' this has caught my eye again as the Pow Wow puffs smoke (FF, The Greens, the Independents, the PD's')

Is there anybody out there who can add to the Agenda for the next week - high priorty Ethics, Transparency and Accountabiility and add in Fraternity and Equality?

Again the Quotation from George Orwell

Truth Telling
'During times of Universal deceit, telllng the truth becomes a revolutionary act'

by Michelle Clarke - Social Justice and Ethics Sun Jul 15, 2007 21:19

The newspapers reported that as many 180 people have been sent to prisons in this country for failure to pay for RTE TV licenses.

What an unnecessary excessive economic cost - human freedom!!!

What about the social cost to families? Has this been measured?

Who finally decided the cut-off cost for B. Flynn.....?

Does anyone see Moral Injustice ?

Michelle

by Observer Sun Jul 15, 2007 21:39

A lot of what has gone on before this is simply not based on an understanding of the law. Some of it, I would go as far as to say, is slightly fanciful.

The RTE Authority were quite correct to accept Ms. Flynns offer as to do otherwise would have resulted in an even lesser amount being recouped. The reason is as follows.

Should RTE have proceeded with their bankrupcy proceedings against Ms. Flynn all she would have been forced to do is to realise, ie sell, her assets, to provide satisfaction of the debt. Her only asset, accepted as factual, is a house she owns in Castlebar which has a value of aprox. 340,000 Euro. The assets of her partner, who is a substantial developer, cannot be taken into account and in the event she was offered and accepted personal loans from friends or family tax implications would arise.

As it is she offered 1.3 million Euro, made up of bank loans and the sale of her house. A bankrupcy proceeding cannot make you produce monies you simply do not have, merely to make you realise the assets you do have in order to satisfy, as far as practicable, the outstanding debt. In the foregoing scenario the "man of straw" scenario applies somewhat in that it is impossible to sue someone for monitary satisfaction if, upon sucessfull proceedings, they simply do not have the monies required to satisfy the debt.

The sugestion that the RTE Authority were not acting bone fide in the above matter is slightly rediculous. They were obviously acting on sound legal advice.

by Hold yer Horses Sun Jul 15, 2007 21:54

Ah, shouldn't the court have asked Flynn what her financial standing and savings were BEFORE she decided to sue RTE.
I thought you go to a solicitor first and he asks you about your financial affairs, is that not the case? Interested to know that

Sure it's all repeats on RTE anyway

by Observer Sun Jul 15, 2007 22:00

Generally speaking, everyone has a constitutional right to access the courts so it is not a matter for the courts to determine if someone coming before them is in a position to pay if they loose. There are very seldom occations where, in cases where the litigant is dubious, ie a serial litagant or someone with a very tenious case, the defentants will ask to the court to make the plaintiff make a "lodgement" as a guarantee of seriousness, rather than a show of ability to pay. It is a most unsual order for the court to make though and would not seem, I would have thought, to apply in the case of Ms. Flynn taking proceedings against RTE.

by i See Sun Jul 15, 2007 22:08

Observer Didnt know that.

by bj Mon Jul 16, 2007 01:03

The decision by RTE to accept a fraction of what was owed followed on the heels of an intervention by the taoiseach, making it clear that he wished to recruit Ms. Flynn to the government.

It now seems that RTE caved into political pressure and has severely damaged any appearance of independence which it may have held. It is looking a lot less like a public-service broadcaster and more like a state broadcaster.

by Michelle Clarke - Social Justice and Ethics Mon Jul 16, 2007 12:21

What a co-incidence.........it is rumoured that Vincent Brown is to leave RTE and possibly go to FM104!!!

And today Denis O'Brien's company is said to have paid over 200 m for FM station etc.

Now here is real competition for the State Broadcaster........

And at a time, it needs scrutiny perhaps..........

by Michelle Clarke - Social Justice and Ethics Thu Aug 16, 2007 19:12

Ms. Beverly Flynn faces a deadline tomorrow to pay the negotiated about to RTE.

Are we still on an election campaign for FF!!!!!

This evenings news refers to payments in 'amounts'....until the final sum is paid tomorrow.

What about a payment in full; in a single payment without the propaganda?

Michelle Clarke

Quotation

Insurance
'For almost seventy years now the life insurance industry has been a smug sacred cow feeding the public a steady line of sacred bull.....
By Ralph Nader (b. 1934), US consumer rights activist and Green Party presidential candidate....'

by aristotle Thu Aug 16, 2007 23:47

One interesting aside is the certainty that RTE has indemnified James Howard in respect of his legal costs (He is the farmer whio made the original allegations reported by Charlie Bird). Indymedia readers may or may not recall that Howard was a co-defendant to Ms. Flynns defamation proceedings at every stage and was separately represented in Bev's Supreme Court appeal. (Her lawyers were the well known solicitor and Republican sympathazer, Cathal O'Donoan, and barristers Ronan (two brains) Murphy.B.L. and Paul O'Higgins S.C. These gents don't come cheap.

When calculating the sum the tax-payer/TV licence payer will be forking-out, Mr, Howards entire legal fees in the High and Supreme Courts need to be added to the substantial portion of RTE's legal costs RTE has so charitably decided not to collect from Bev. I reckon that the sum most people are assuming should be multiplied by at least three to arrive at the true figure.

by Michelle Clarke - Social Justice and Ethics Fri Aug 17, 2007 19:03

Interesting, Aristotle.

You make a valid point about Ms. Flynn's co-defendant, Mr. Howard and particularly when you highlight that he had separate legal representation at the time of the Supreme Court Appeal.

It begs the question why the separate representation?

Michelle Clarke

by aristotle Fri Aug 17, 2007 19:54

Mr. Howard had tp have separate representation because he was separately sued by Bev and because RTE would have had separate grounds of defence (relating to public-interest issues and qualified priviledge).

RTE would have agreed to indemnify Howard's costs to prevent the possibility of Howard making a separate settlement with Bev which could have compromised RTE's ability to defend the libel action.

I presume that Howard's legal team will have presented their very large fee-note to Bev. That Bev will have ignored it. That they will then have gone to RTE to honour their indemnity. RTE will pay-up because, after all, it isn't coming out of the pockets of the DG or his overpaid minions. No doubt RTE will be looking for a big hjke in the licence fee in due course which the usual suckers (you and I) will end up discharging.

And so it goes.

by Michelle Clarke - Social Justice and Ethics Sat Aug 18, 2007 01:14

Well today is the day.

Beverly Flynn has to pay up the Euros 1.2 to RTE. I hope all costs relating to solicitors are taken into account by RTE.

by aristotle Sat Aug 18, 2007 11:45

Sorry, Michelle,

But today isn't the day.

The 'day' is when RTE comes with it's begging-bowl seeking a hike in the licence fee to pay for waiving the balance of Bev's legal costs and Mr. Howard's costs for the High and Supreme Court proceedings.

(It just goes to show the quality of Irish journalism - or the reluctance of Irish journalistas to ask questions which might embarass their colleagues - that not one of these brave expounders of truth has apparantly asked RTE about it's commitment in respect of Howard's costs.

Anyone out there?

by Kevin T. Walsh - Social Justice and Ethics Sat Aug 18, 2007 15:25

Aristotle

I read your postings to Michelle with interest.

I am laughing using the word interest because it is the Banks that have 'interest' too.

Banks have interests only in themselves and Beverly Flynn while an employee of NIB became an icon of that arrogant era in the 1980's. As people left this country in their masses, Beverkey earned with bonuses over Euros 65,000 a year. In today's terms, probably 500,000 euros but as the supreme court said - she was a very 'unfit person' (accountability and Ethics). With the Freedom of Information Act now, civil cases are easier to gain access to, it just takes a few years. People will have access to the whole scenario of what actually happened between RTE, Charlie Bird (Beverly Flynn) and ironically where will be the Revenue Commissioners.

RTE is run by the tax-payer and any Irish citizen will be able to ask his or her local politician of any party to put a question in Dail Time on record.

The question should be 'RTE's last Audit - could the Dail have a copy of it? Then the taxpayer will be able to see exactly what RTE paid out to B. Flynn, Mr. Howard, and the legal teams and costs. The reason being, Aristotle, is that we the taxpayer pay for all.

I finally close by reading today's Independent. Beverley's sister, Audrey Flynn - who runs a creche in Castlebar was convicted some years ago of driving children to and from the school with no car insurance. The Judge in question was District Justice Mary Devins, wife of Dr. Paddy Devins, Sligo - FF TD. Now we learn today that Audrey Flynn signed two false declarations in relation to a driving licence and insurance - is this not Fraud? Where are our Gardai? Any other Irish citizen would get 'Due Process' .... What is going on?

Audrey has failed to pay her levies for playschool and parking charges in Castlebar. The charges are 750 euros for a sewage development levy, 250 euros for water charges levy and it goes on........Beverly TD is like her sister Audrey in many ways - like Audrey, Beverly influenced many a farmer in making a false declaration about offshore accounts.

I began with selective Judgements - I would like someone to judge me on my views on the Flynn 'sewage' coming from Castlebar.

Public Accounts Committee on Ethics:
As the new Dail pledges itself next Month, it would be wise to embrace the terminology of Transparency, Corporate Governance, Ethics etc. Ireland now is involved in the international Transparency group and the report makes interesting and reveals the dross that fails to make it into the newspaper arena.

If interested: www.Transparerency Ireland.ie

Kevin T. Walsh

Theft
I asked a man in prison once how he happened to be there and he said he had stolen a pair of shoes. I told him if he had stolen a railroad, he would be a United States Senator

By Mother Jones, 1830--1930
US pioneer labour organiser known for her feisty spirit.

by Michelle Clarke - Social Justice and Ethics Sun Aug 19, 2007 21:29

Aristotle

Thanks for your comments.

Our media and journalists seem to have lost interest in the story.

But what about the Morality, Ethics, Accountability and Transparency?

Maybe this question can be raised with Broadcasting Commission.

www.broadcastingcommission.ie

This is a detailed site with prominent names. I wonder how they view Corporate Governance and have they learnt from experience.

Michelle Clarke

Quotation
The Child Inside
Another belief of mine; that everyone else my age is an adult, whereas I am merely in disguise.
Margaret Atwood 1939- Canadian Writer

by Michelle Clarke - Social Justice and Ethics Thu Sep 13, 2007 19:49

I have to say - what tenacity?

RTE have been paid their debt in full....but B. Flynn has not yet secured her position in the Dail.

Yesterday, her Cumann were not resolute in their decision to support her!!!

What a coincidence? An Taoiseach is the person who can have the final say and yet yet is in the midst of the McMahon Tribunal today and going forward.

What about 'I have sinned but more importantly I have learnt, we have learnt - I hope.

Trust
'Trust is essential to our identity as invididuals and as people in the world; it is also essential for social relations. It is truly the mysterious, barely known entity that holds society and ourselves together, the 'dark matter of the soul' - Trust gets tangled up between convenience and morality.
Book: Trust From Socrates to Spin by Kieron O'Hara

by Jerry Cornelius Thu Sep 13, 2007 20:22

Why hasnt Bev been charged with perjury? I wonder if the DPP has even considered charges. Its a case of either Bev is telling the truth and 10 others are lieing or vice versa. So far the jury and the Supreme Court haven't believed Bev.

The DPP should at least let us know if he has considered charges against Bev.

by Michelle Clarke - Social Justice and Ethics Wed Sep 26, 2007 19:42

Jerry Cornelius.

Beverly Flynn seems to have disappeared off the news waves!! I wonder what is to happen now?

I agree with you about the absence of a DPP view on Perjury?

Wait and see - I suppose.......

by Jerry Cornelius Thu Sep 27, 2007 10:28

I think it might be worth contacting the DPP. While he will not give his reasons regarding a decision for/against prosecution, he may tell you if he considered or is considering such an option.

Contact the DPP and ask him if he has considered prosecuting Bev for perjury.

Mr James Hamilton
Director of Public Prosecutions,
Office of the Director of Public Prosecutions,
14 - 16 Merrion Street,
Dublin 2,
Ireland.

Tel: + 353 1 678 9222
Fax: + 353 1 661 0915
dpp@dppireland.ie

E-mail

Please note that for reasons of confidentiality the Office of the Director of Public Prosecutions cannot accept correspondence relating to criminal prosecution files by e-mail. Any correspondence relating to criminal prosecution files should be in writing and forwarded by post to 14 - 16 Merrion Street as outlined above.